The Housing Benefit (General) Regulations 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for matters concerning entitlement to, the amount of and the claiming and payment of housing benefit.

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 4).

Part II makes provision in regard to the circumstances in which a person is or is not to be treated as occupying a dwelling as his home and is or is not to be treated as liable to make payments for a dwelling (regulations 5 to 7).

Part III provides what payments by way of rent or rates are to be eligible for the payment of housing benefit (regulations 8 to 12).

Part IV specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit (regulations 13 to 15).

Part V and Schedule 2 provide for the calculation of the applicable amount in respect of a person’s entitlement to housing benefit, by reference to which the amount of his benefit is calculated. Provision is made with respect to polygamous marriages and persons receiving free in-patient treatment in a hospital (regulations 16 to 18).

Part VI provides for the calculation of the income and capital of a claimant for housing benefit, the earnings of employed and self-employed earners, the treatment of income other than earnings including notional income, with the sums to be disregarded set out in Schedules 3 and 4. Calculation of capital is also dealt with, with capital to be disregarded set out in Schedule 5 (regulations 19 to 45).

Part VII provides for the treatment of students, their entitlement to housing benefit (Chapter II) and the calculation of their income (Chapter III) (regulations 46 to 60).

Part VIII specifies the maximum amount of housing benefit payable in any case and any deductions which are to be made from that maximum (regulations 61 to 64).

Part IX governs the start of entitlement to housing benefit and the ending of the benefit period, in particular upon a relevant change in the claimant’s circumstances. It also provides for calculating the weekly entitlement to benefit (regulations 65 to 70).

Part X provides for the making of claims and the duty to notify changes of circumstances (regulations 71 to 75).

Part XI provides for the determination of questions arising on claims and the review of such determinations (regulations 76 to 87).

Part XII provides for the payment of housing benefit including to whom payments are to be made and the withholding of benefit (regulations 88 to 97).

Part XIII provides for the recovery of overpaid benefit, what constitutes a recoverable overpayment and the method of recovery (regulations 96 to 105).

These Regulations are made before the expiry of 12 months from the commencement of provisions under which they are made: they are accordingly exempt by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.